[Ord. No. 2327 §1, 3-18-2003]
For the purposes of this Chapter (hereinafter the "Grading Code"),
the following terms, phrases, words and their derivations shall have
the meanings given herein:
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
The excavation, fill or land disturbance or any combination
thereof and shall include the conditions resulting from any excavation,
fill or land disturbance.
Any removal or destruction of trees, ground cover or other
vegetation by means of heavy mechanized equipment (including all equipment
weighing in excess of one thousand eight hundred (1,800) pounds) or
by any means affecting an area of five thousand (5,000) square feet
or more in a period of one (1) year or less.
Any single or contiguous lots, tracts, projects or subdivisions
of land owned by a single person or by several persons acting jointly.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
A.
Except
as herein provided, no grading shall hereafter occur on any site without
obtaining a permit from the Public Works Commissioner in accordance
with this Chapter.
B.
Grading
in preparation for any development requiring a rezoning, conditional
use permit, site plan or subdivision of land shall not be inconsistent
therewith and shall not be approved until such subdivision preliminary
plat has been approved or, where no subdivision is required or contemplated
for the development, upon approval of the rezoning, conditional use
permit or site plan. An application for a grading permit shall be
in writing on forms provided by the Public Works Commissioner and
filed with the Commissioner. Unless waived by the Commissioner, the
application shall be accompanied by duplicate copies of the following
documents and information:
1.
Contoured development map showing existing contours of the site and
adjoining strips of non-site property and proposed contours after
completion of the proposed grading and development, based on United
States Geological Survey datum, with established elevations at buildings,
walks, drives, street and roads; and information on necessary clearing
and grubbing, removal of existing structures, excavating, filling,
spreading and compacting; the development map shall be prepared and
sealed by a licensed professional engineer; unless waived by the Public
Works Commissioner;
2.
An accurate plot plan showing the location of the grading site, a
description of the type and features of the soil and details of all
structures, walls, cribbing and surface protection;
3.
Name and address of owner;
4.
Site address;
5.
Estimated grading quantity;
6.
Details of site drainage system;
7.
Details of site erosion and siltation control, including siltation
basins;
8.
Construction access to site;
9.
Location of temporary off-street parking;
10.
The estimated schedule of operations, including the dates of starting
and completion of grading work;
11.
Sources of off-site fill material or spoil sites. All information
relative to haul routes, trucks and equipment; and
12.
A recent aerial photograph or a detailed topographical map showing
tree canopy in the same scale as the development plan.
C.
Fee Required. An applicant shall pay a permit fee with the
application in such amount as established by the Board of Alderman
to defray the costs of inspections, plan reviews and other administrative
costs of issuing permits under this Chapter.
D.
Mandatory Pre-Issuance Meeting. Prior to the issuance of
a grading permit, the applicant and person supervising the actual
grading shall meet with the Public Works Commissioner or his designee
to discuss the requirements of the grading plan, grading permit and
the methods to be utilized for erosion control.
E.
Verification Of Compliance. Upon completion of grading,
the permittee shall submit to the Public Works Commissioner verification
that grading was performed as specified in the grading plan and requirements
approved by the grading permit. Such verification shall be certified
by a registered professional engineer licensed in the State of Missouri.
[Ord. No. 2327 §1, 3-18-2003]
A.
Except
for any grading in anticipation of or in preparation for construction
of buildings or any construction or development that would require
rezoning, site plan approval or amendment or subdivision of the land,
a grading permit shall not be required in the following instances:
1.
Minimum necessary grading for the foundation or basement of any building,
structure or swimming pool for which a building permit has been duly
issued; provided that any prior approved grading or tree preservation
plan shall continue to be followed.
2.
Excavation or fill of less than twenty-five (25) cubic yards for
sites of twenty thousand (20,000) square feet or less or less than
fifty (50) cubic yards for sites in excess of twenty thousand (20,000)
square feet provided such grading is clearly incidental to the improvement
of the property; provided that any prior approved grading or tree
preservation plan shall continue to be followed.
3.
Grading of land for bona fide farming, nurseries, landscaping or
gardening or similar agricultural or horticultural use whenever there
is substantial compliance with recommendations or standards of the
local soil conservation authority or for private road maintenance,
removal of brush (brushhogging) and normal lawn maintenance activities.
4.
Grading activities in public rights-of-way covered by an appropriate
right-of-way permit.
5.
Land disturbance solely for residential purposes on any lot containing
a single-family residence for which occupancy has commenced and is
ongoing, provided appropriate measures are taken to prevent increased
site erosion, water runoff, siltation or other damage to neighboring
property. Where it is determined that such erosion measures are not
being taken, the Commissioner may revoke application of this exemption
to the subject site.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
A.
The
applicant shall include with the permit application such amount of
cash, escrow, bond, insurance, affidavits, easements, etc., as described
below and as required for particular sites. The grading permits shall
be issued upon the approval of the Public Works Department and the
developer depositing with the City of Pacific a sum equal to that
which is required for assurance of the completion of said project.
The minimum amount of the surety shall be not less than one thousand
dollars ($1,000.00) unless the Commissioner shall reasonably determine
a smaller amount will adequately guarantee compliance with this Chapter.
The Public Works Commissioner may adopt procedures, fees and schedules
relating to the payment and release of such bonds. Said escrow funds
shall guarantee the restoration, maintenance and/or rehabilitation
as required. The surety shall be approved by the Public Works Department
and the City Attorney and drawn upon by order of the Public Works
Commissioner if the requirements of the grading plan or of this Chapter
are not satisfied. In drawing upon such funds, the Commissioner may
use such funds to restore the site to a stable or finished condition
or to otherwise remedy any violations, including any costs of inspections
and enforcement.
B.
Any
portion of the deposit not expended or retained by the City hereunder
shall be refunded when the grading operation is completed and soil
conditions are stabilized to the satisfaction of the City.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005; Ord.
No. 2551 §2, 3-6-2007]
A.
A permit
shall be issued and shall remain in force only upon compliance with
the following requirements:
1.
Surface waters — damage. Adequate provision
shall be made to prevent any surface waters from damaging the cut
face of an excavation or the sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever deemed necessary by the Public
Works Department to prevent the surface of any excavation or fill
from exceeding at any point the maximum allowable slopes as set forth
herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain
or natural watercourse as approved by the Public Works Commissioner
as a suitable place to deposit and receive such waters. Where possible,
water shall be dispersed by convex surfaces to dissipate water energy
and velocity and disperse volume over a greater surface area before
being carried to a storm drain or watercourse.
4.
Protection of streets, property. No excavation shall
be made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill location. No fill shall be made so as to cause
or to allow the same to be deposited upon or to roll, flow or wash
upon or over the premises of another without the express written consent
of the owner of such premises so affected; or upon or over any public
street, walk, place or way; nor so close to the top of a bank of a
channel as to create the possibility of bank failure and sliding.
6.
Materials. Materials for fills shall consist of material obtained from excavation of banks, borrow pits or other approved source. Material shall be free of vegetable matter and deleterious material and shall not contain large rocks or lumps. Materials for roadways are not covered by this Chapter as per exceptions in Section 415.030.
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows:
a.
No excavation shall be made with a cut face steeper in slope than
three (3) horizontal to one (1) vertical.
8.
Minimum standards — land disturbance. Unless modified as may be permitted in this Subsection (8) or by provisions of Subsection (9)(b) hereof, minimum standards for land disturbance shall be as follows:
a.
No land disturbance shall occur within fifty (50) feet of any creek,
stream, water runoff channels, slopes of twenty-five percent (25%)
or greater or in other areas determined by the Commissioner or his/her
designees to be highly sensitive or subject to erosion or flooding,
except as necessary for construction pursuant to an approved final
site plan, planned zoning development or conditional use permit specifically
authorizing the modification of this standard and necessitating exception
to this minimum standard. If grading disturbs one (1) acre or greater,
a land disturbance permit shall be obtained from the Department of
Natural Resources as provided by law.
b.
No land disturbance shall occur on terrain that does not satisfy
the minimum standards for excavation or fill, except as necessary
for construction pursuant to an approved final site plan, planned
zoning development or conditional use permit specifically authorizing
the modification of this standard and necessitating exception to this
minimum standard.
c.
No land disturbance shall occur which shall cause a nuisance to any
adjoining property owner or which shall violate any Federal, State
or local law or regulation. The Public Works Commissioner, in conjunction
with the Department of Planning, shall establish regulations for the
granting of permits so as to enforce this Chapter and ensure that
any grading is completed with minimum erosion or other negative impact
on the site or surrounding areas or the community.
d.
All grading within flood hazard areas within the City shall be approved only if such grading conforms to the additional requirements for grading or other development approvals in such areas including, but not limited to, as set forth in Section 410.040(E) "Subdivisions in Flood Hazard Areas" and Chapter 420, Floodway and Floodway Fringe Districts.
9.
Minimum standards — all grading.
a.
All grading shall comply with the restrictions and prohibitions set
forth in the Subdivision Code, all requirements of the Zoning Code
and other Federal, State and local regulations pertaining to the site
development. No grading or occupancy permit shall be issued on any
site where there is an existing uncured violation of any provision
of the zoning, subdivision or other development regulations of the
City of Pacific.
b.
Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsections (7) or (8) hereof by filing a written request with the Commissioner specifically identifying:
(1)
Unique or unusual characteristic(s) of the site, not generally
applicable, that eliminate the need for full application of the standard,
or
(2)
The precise mitigation proposed that would fully rectify the
harms addressed by the minimum standard to be modified.
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The Commissioner may make such modification upon a determination
that such facts exist qualifying for such modification; provided that
no modification shall be permitted that shall circumvent any other
applicable regulation or the intent of these minimum standards to
eliminate the detrimental impact of grading addressed by each such
standard.
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10.
Compaction. All fills intended to support buildings
or structures, sewers and conduits shall be compacted to a minimum
of ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1775. Compaction of fills for these uses must be certified
by a registered professional engineer at the owner's expense. Frequency
of compaction tests is to be determined by the Public Works Commissioner.
Compaction of other fills shall be required where necessary as a safety
measure to aid in preventing the saturation, slipping or erosion of
the fill. The requirements of the Public Works Commissioner for the
compaction of fills shall include, but shall not be limited to, the
following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (0.2) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
Grading of slopes will require silt fencing at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
c.
Grading sites will require silting basins to prevent mud from washing
onto adjacent properties.
d.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. In
heavy rain, interrupted work shall not be resumed until moisture content
is satisfactory. Fill material shall not be placed, spread or rolled
while the ground is frozen or thawing.
e.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches, unless otherwise approved.
f.
Compaction shall be by tamping, sheeps foot rollers, multiple wheel
pneumatic or other type rollers. Rolling shall be continuous until
the desired maximum density is obtained.
g.
Topsoil disturbed by grading or building operations shall be stripped
and piled for storage in an amount necessary to complete finished
grading only.
11.
Removal of timber, rubbish, etc. Timber, logs, trees,
brush, vegetable matters and rubbish of any description shall be removed
and disposed of so as to leave the disturbed area with a neat and
finished appearance. Tree stumps, masonry and other obstructions shall
be removed to the following depths:
a.
Paved areas — two (2) feet below subgrade.
b.
Lawn areas — two (2) feet below finished grade.
c.
Solid rock, shale or similar materials shall be removed to a depth
of fifteen (15) inches below subgrade for paved area and two (2) feet
below finish grade for lawn area except where it is impractical because
of rock outcropping.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
Inspections may be made by the Public Works Department during
each stage of fill operations and final approval shall be required
upon completion of operations. Applicant shall notify the City upon
commencement of the following when and as completed: rough grading;
finish grading before seeding; and all re-establishment and construction
work.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
As part of the permit application, but at least two (2) working
days prior to the use of any street in the City by trucks or hauling
or grading equipment engaged in grading operations in the City that
requires the use of the streets of the City, the contractor in charge
shall make a written report to the Public Works Commissioner of this
City specifying the kind and description of trucks or hauling or grading
equipment and the loaded and unloaded weight of trucks and hauling
equipment and the number of each and the length of time they will
be required to use the streets of this City and the routes proposed.
The contractor shall furnish the Commissioner of Public Works with
all other information required by him/her to estimate or determine
the amount of wear and tear or damage, if any, which may be caused
to streets by such usage. Before construction actually commences or
while the work on the streets is in progress, the Commissioner of
Public Works may require any contractor or subcontractor to post surety
bond or insurance with the City to guarantee the City for compensation
for any damage to streets, curbs, sidewalks, trees, landscaping or
other public facilities. The contractor shall be charged with the
duty of seeing that the trucks or equipment use only the route or
routes designated by the Commissioner of Public Works.
[Ord. No. 2327 §1, 3-18-2003]
A.
Photographs. It shall be the duty of the Commissioner of
Public Works, immediately prior to the time of designating the route
or routes or alternate route or routes as provided herein, to examine
the condition of the streets to be used and to take photographs of
the streets, showing the condition of the pavement, curbs, sidewalks
and other physical features, which shall be dated and a memorandum
made of the location shown by each photograph. Within five (5) days
after termination of the use of the streets as herein provided, it
shall be the duty of the Commissioner to have additional photographs
made and proper descriptive matter included therewith.
B.
Inspection. In addition to the taking of photographs before
and after construction, the Commissioner of Public Works shall cause
a thorough inspection to be made of the condition of the pavement
of the streets designated and used under the permit, as well as the
curbs and sidewalks, and shall make written reports of his/her findings,
including with his/her report after termination of the work his/her
estimate of the cost of restoring the street to its original condition
as well as any curbs or sidewalks.
[Ord. No. 2327 §1, 3-18-2003]
As a condition of use of the streets, the permittee shall be
liable to the City for unusual wear and tear or damage to the streets,
curbs and sidewalks resulting from such usage and that acceptance
of the route or routes by the contractor shall constitute an agreement
on his/her part to pay the reasonable cost of restoring the streets,
curbs and sidewalks in question to their original condition. Within
thirty (30) days after termination of the contractor's usage of said
route or routes under the grading permit, the contractor shall pay
to the City an amount sufficient to reimburse the City for the expense
of restoring the streets, sidewalks and curbs to their original condition.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
A.
Barriers At Construction Site. After new excavation or construction
is commenced on any lot or tract of land in the City and until sodding,
planting, concreting, paving or other final surfacing is in place
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets and the space between sidewalks
and curbs, the owner of the property or the contractor or builder
in charge of work shall erect and maintain temporary walls or other
approved barriers to prevent such washing or spreading of mud or dirt.
At the end of each day and as required throughout the day during the
course of excavating or construction, dirt and mud on the sidewalks,
curbs, gutters and streets and the space between sidewalk and street
resulting from work must be removed.
B.
Removing Mud From Vehicle Wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
his/her personnel with shovels or other equipment as necessary to
remove dirt from the wheels of all vehicles leaving any grading site
where mud has accumulated on the wheels before such vehicles enter
any public or private street of the City. It shall be unlawful for
any owner, contractor or subcontractor or builder to permit any vehicles
to leave such place with mud on the wheels which is liable to be dispersed
over any public or private street of the City and it shall be unlawful
for any driver of a vehicle to enter upon the public or private streets
of the City without having removed or had mud removed from the wheels
prior to such entry. Each occurrence shall be a separate offense.
C.
Spilling Materials On Streets. The owners, contractors,
subcontractors and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle at any grading site in the City,
during construction or otherwise, shall so load the same that no portion
thereof shall be spilled or be liable to be spilled on the streets
of the City. It shall be unlawful for any such person to permit any
vehicle to enter upon the streets of the City loaded in violation
of this provision and it shall be unlawful for any driver to operate
a vehicle on the streets of the City which is loaded in such manner
that it spills or is liable to spill mud, dirt or other materials
on the streets.
D.
Boards Over Sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein as completely as possible and to prevent breakage
or damage to such installations of whatever material constructed.
Damage to walks, curbs and gutters will be repaired by the contractor,
or the Commissioner of Public Works may cause to have them repaired
at the contractor's expense.
E.
Waste Material. During the course of construction or excavation,
owners, contractors and builders are required to clean up all paper,
refuse, sticks, lumber and other building waste and all other waste
material daily and to prevent the same from blowing or otherwise being
scattered over adjacent public or private property.
F.
Planting Ground. Vacant property and improved property,
immediately after grading and construction is completed, shall be
sodded, planted, concreted, paved or otherwise surfaced to avoid washing
or spreading of dirt and mud onto other property, sidewalks, curbs,
gutters, streets and the space between sidewalks and curbs prior to
issuing an occupancy permit.
G.
Grading. Grading, including operation or idling of equipment,
shall be accomplished only between the hours of 7:00 A.M. and sunset
on weekdays and 8:00 A.M. and sunset on Saturdays and Sundays, unless
in the case of emergency or a limited extension of hours is specifically
granted by the Public Works Commissioner for cause.
H.
Noise. The permittee shall take appropriate measures to
reduce noise to the fullest extent practical in the performance of
the grading work.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2426 §1, 3-1-2005]
A.
All
violations shall be corrected within the time limit specified in the
issuance of a written notice to correct. Action to correct violations
which require immediate action shall be taken upon notification to
the contractor by the City. All persons failing to comply with oral
or written notice shall be deemed in violation of this Chapter. If
the action is not taken within the time period specified by the notice
and in addition to any other remedy available, the Public Works Commissioner
may have the violation, including, but not limited to, the existence
of mud or debris on the public right-of-way, immediately remedied
and the City costs shall be reimbursed by the permittee through the
surety or otherwise.
B.
Any
usage of the permittee's surety shall be followed by a written explanation
by the Public Works Commissioner or his/her designee describing the
condition corrected and the funds required to complete the corrective
action.
C.
Nothing
in this Section shall prevent prosecution of violations of this Chapter
in the absence of or in addition to the issuance of a notice of violation.
[Ord. No. 2327 §1, 3-18-2003]
Violation of any provision of this Chapter shall be a misdemeanor
punishable by a fine not more than five hundred dollars ($500.00)
or by imprisonment for a period not to exceed three (3) months, or
by both fine and imprisonment. Each day of violation shall constitute
a separate offense.
